Purpose and legal basis for processing
NHS Continuing Healthcare (CHC) is explained by NHS Choices here.
To determine if someone is eligible for CHC and to then arrange a care and support package that meets their assessed needs, information about the individual will need to be collected, reviewed and shared with care providers such as care homes. As the CCG has a duty to provide CHC services, this allows for the collection of information about individuals for this purpose, the use of that information and the sharing of it with third parties who need to be involved in the process; we will make sure that we keep the individual concerned informed at all times of who will be providing or receiving data about them and why.
The National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, Part 6 places a duty on CCGs to make provision for, i.e. provide, CHC services. West Lancashire CCG commission Midlands and Lancashire Commissioning Support Unit to provide these services on their behalf. As such, West Lancashire CCG’s legal basis for processing this personal data under GDPR is Article 6(1)(e) ‘…exercise of official authority…’. For special categories (health) data the basis is Article 9(2)(h) ‘…health or social care…’
Sources of the data
The personal data are submitted by the CCG and the applicant for review.
Categories of personal data
The information CCGs use to assess eligibility, and which may be submitted to an Independent Review Panel, fall under the following headings:
- cognition (understanding)
- psychological/emotional needs
- nutrition (food and drink)
- skin (including wounds and ulcers)
- symptom control through drug therapies and medication
- altered states of consciousness
- other significant needs
The obtained records that relate to these areas may include Care Home records, Health Records (for example GP, Hospital, Mental Health, District Nursing) and Social Care Records.
Recipients of personal data
Categories of recipient’s Personal data relating to the application is received by Midlands and Lancashire Commissioning Support Unit Continuing Healthcare teams and the members of the review panel. An Independent Review Panel is made up of:
- an independent chair
- a representative nominated by a Clinical Commissioning Group (not involved in the case);
- a representative nominated by a Local Authority (not involved in the case); and
- at times there is also a clinical advisor in attendance